MINUTES OF THE CATAWBA ISLAND BOARD OF ZONING APPEALS
OCTOBER 9, 2024
Attendees
Lisa Murphy Scott Murphy Wendy Wood
Linda Moir Susan Flaig David Amerine
Ruth Gingerich Anthony Pastore Jack Madison
John Bolte Kay Young Doug Young
Kathie Holbrook Charles Holbrook Kathie Holbrook
Shelly Garcia Robert Garcia Cheryl Martin
Helen Fagan Larissa Murphy John Imke
Julie Walters Larry Walters Allyn Pytel
Steven May Kathy Heidlebaugh Judy Thompson
Dick Thompson Mary Beth O’Donne Veronica Milnark
Kathy Smith Bill Smith Kathy Bresnahan
Kevin Bresnahan Terrence Fondessy Lewis Hafer
Jane Hermes Helen Arnold Jerry Arnold
Mark Hudak John Coppeler Sis Bush
Joan Copeland Michael Long Linda Cowan
Ed Baker Darrin Raymer Nancy Caldwell
Thomas Enzen Vicki Wheatley Liz Karl
Joy Riedl Ken Landon Cynthia Guveiyian
Martin Mollox Steve Nickel John Karl
Victoria Peterson Bruce Peterson Jeff Crunau
Robert Crawford Ken Canada Charlie Riedl
Marty Winning Pamela Hay John Arbogast
Eric Rolf Margaret Rolf Evon Kademonos
Darin McMackin Toni Deluca David Belden
Stephen O’Shaughnessy Lucy O’Shaughnessy William Dauterman
Diane Belden Yvonne Baker
Chairman Bryan Baugh called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. Board members in attendance included: Doug Blackburn, Brian Caldwell, Rebecca Dubber, Bill Baker, and Alternates Flint Heidlebaugh and Michael Schenk. Todd Bickley, Zoning Inspector/Secretary and Trustee Matt Montowski were also in attendance.
Chairman Baugh read through the meeting process. He asked if there were any questions concerning the procedure to be used. There were none.
Rebecca Dubber made a motion to amend the agenda by placing Case #158983 first under New Business. The motion was seconded by Doug Blackburn and it passed unaminously.
New Business
Case #158983 Veronica Milnark
Todd Bickley read the case facts. The applicant is requesting a conditional use to operate a Bed & Breakfast Inn. The property is located at 4293 E. Cliff Road, also known as Lot 162 and the West 25 Feet of Lot 161 of Catawba Cliffs Subdivision. The property is zoned “R-1” Residential District.
No board member had a conflict.
Mr. Bickley and Ms. Dubber read correspondence from Bonnie Thomas, David Amerine, Susan Flaig, Joan Nunnery, Joe & Pat Zwisher, Joesph Darangelo, Cecelia Gettys, William & Dolores Bush, Nike & Geoffrey Mendenhall, Mike & Helen Fagan, Dick & Judy Thompson, Toni Deluca, Joan Copeland, Debra & Michale Barone, Geoff & Kathleen Falter, John Bolte, William & Darleen Van Der Giessen, Cynthia Bolte, Anthony Pastore, Joesph Mlynek, Carrol & Nancy Sutphin, Allyn & Diane Pytel, and Timothy & Gayle Rink.
Veronica Milnark was sworn in by Chairman Baugh. Ms. Milnark expressed disappointment that she did not received a phone call nor did anyone identify concerns with her prior to the meeting. Ms. Milnark indicated that she only accepts reservations from 5-star rating applicants and that she has rented her home eight (8) times. She noted that several neighbors wanted to rent but they were denied. Guests are required to abide by the rules and she has experienced no problems. Ms Milnark noted that she had the house for sale one (1) time and she currently has no intention to sell.
Ms. Dubber questioned if Ms. Milnark was operating a B&B. Ms. Milnark indicated that she is a full-time resident and that it is rented only when she is on the property. Ms. Dubber questioned the number of guest rooms. Ms. Milnark noted that there are three (3) rooms, there is an attached building with a guest room. Ms. Dubber commented that it is one (1) space and renting all three (3) rooms as a total space. Ms. Dubber questioned if there was a separate entrance. Ms. Milnark indicated that there is a separate entrance. Ms. Dubber questioned if the space has a kitchen facility. Ms. Milnark indicated that there is a kitchen facility, which is not used. The breakfast consists of cereal/pastries. Ms. Dubber questioned if there is additional staff. Ms. Milnark commented there are no employees. Ms. Dubber questioned how guests get the gate code. Ms. Milnark stated that she provides information two (2) days prior to the arrival and the minimum stay is three (3) days.
Chairman Baugh questioned if there will be a sign. Ms. Milnark indicated that she will not have a sign.
Vicky Wheatley was sworn in by Chairman Baugh. Ms. Wheatley noted that an Air B&B is prohibited and she read a letter against the application.
Wendy Wood was sworn in by Chairman Baugh. Ms. Wood questioned where Ms. Milnark is registered to vote and the amount of time she spends at the Cliff Road home. Ms. Milnark indicated that she is always at the house when it is rented and that she is not registered to vote.
Dan Amerine was sworn in by Chairman Baugh. Mr. Amerine commented that the request would increase the workload for the fire department and EMS volunteers.
Lisa Murphy was sworn in by Chairman Baugh. Ms. Murphy noted that she is upset that Ms. Milnark has been renting her home and that she has a vacant fully furnished home that could be rented.
Anthony Pastore was sworn in by Chairman Baugh. Mr. Pastore questioned why the applicant did not get permission initially.
Yvonne Baker was sworn in by Chairman Baugh. Ms. Baker indicated that she lives behind Ms. Milnark and she questioned how do you know if Ms. Milnark is at home when she has guests.
Tony Deluca was sworn in by Chairman Baugh. Ms. DeLuca questioned whether the HOA thinks overnight rentals is or is not a business. John Bolte was sworn in by Chairman Baugh. Mr. Bolte is the HOA President and Mr. Baugh questioned if a business is allowed. Mr. Bolte noted that a business is not allowed in the Cliffs unless permission is granted by the governing board. Ms. Milnark commented that she had spoken to a board member (John Coppeler) and she was assured that she did not violate the regulations. Mr Bolte stated that a board member does not act for the rest of the board and that Mr. Coppeler is a board member.
Ms. Wood noted that Ms. Milnark has been violating the restrictions.
Kathy Holbrook was sworn in by Chairman Baugh. Ms. Holbrook reviewed the eleven items in the Finding of Fact.
Charles Riedl was sworn in by Chairman Baugh. Mr. Riedl noted that there are no sidewalks and the speed limit is 15 mph, which is not always followed. Mr. Riedl expressed concern with safety for children.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board disagreed with the applicant by a 5 – 0 vote on Items 1, 2, 3, 4, 5, 9, 10 and 11; disagreed with the applicant by a 3 – 2 vote on Item 6; disagreed with the applicant by a 4 – 1 on Item 8; and agreed with the applicant on by a 5 – 0 vote on Item 7.
Rebecca Dubber moved to disapprove Case #158983. The motion was seconded by Brian Caldwell. The motion passed with all members voting in the affirmative. Chairman Baugh did not vote.
Case #158978 Lewis & Kathryn Hafer
Todd Bickley read the case facts. The applicants propose the installation of an accessory building and are requesting an area variance to reduce the Sand Road setback from forty-seven feet (47’) to twenty-five feet (25’). The property is located at 2837 E. Sand Road and is also known as Lots 11 & 89 and the west half of Lots 12 & 68 of Byrneal Beach Subdivision. The property is zoned “R-3” Residential District.
No Board member had a conflict.
Lewis Hafer was sworn in by Chairman Baugh. Mr. Hafer indicated that he is proposing a 12’ x 20’ shed twenty-five feet (25’) off of Sand Road. The shed will be used for storage.
Ms. Dubber questioned if the shed would be used for living purposes and Mr. Hafter noted that the shed would be used only for storage.
Chairman Baugh questioned if the property has been surveyed. Mr. Hafer commented that a survey has not been undertaken; however, Mr. Dauterman has identified the pin located near Sand Road. Chairman Baugh noted that the building is smaller than the building proposed in 2019. Mr. Hafer indicated that the shed will be located where the trees are located.
Mr. Baker questioned landscaping and Mr. Lewis indicated that landscaping will be placed around the building.
William Dauterman was sworn in by Chairman Baugh. Mr. Dauterman’s home is located to the north of the property and his father built the home with a 2-car garage in 1955. Mr. Dauterman noted that an accessory building is not located in the front yard of the adjacent properties and suggested that the applicants consider downsizing. Mr. Dauterman commented that he was not interested at looking at a building.
Mr. Hafer noted that there are two (2) homes closer to the road than the proposed shed.
Chairman Baugh closed discussion form the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant by a 5 – 0 on Items 1, 4, and 5; agreed with the applicant by a 4 – 1 vote on Item 3; agreed with the applicant by a 3 – 2 vote on Item 2; disagreed with the applicant by a 4 – 1 vote on Item 6; and disagreed with the applicant by a 3 – 2 vote on Item 7.
Bill Baker made a motion to approve Case #158978 and the motion was seconded by Brian Caldwell. Motion passed 3 – 2. Rebecca Dubber and Brian Caldwell voted against the motion. Rebecca Dubber made a motion to amend the approved motion to include a landscape visual barrier on both the north and east side of the shed. The motion was seconded by Doug Blackburn. Motion passed with all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158979 Stephen & Lucy O’Shaughnessy
Todd Bickley read the case facts. The applicants propose to build a new house and are requesting an area variance to reduce the front yard setback from twenty-eight feet (28’) to twenty-five feet (25’), reduce the side yard setback (Swift Drive Side) from twenty-five feet (25’) to to fifteen feet (15’), and reduce the side yard setback (east side) from ten feet (10’) to eight feet (8’). The property is located at 5703 E. Commodore Drive, also known as Lots 68 & 69 of Harbor Estates Subdivision. The property is zoned “R-3” Residential District.
Brian Caldwell noted a conflict and he was replaced by Michael Schenk.
Lucy O’Shaughnessy was sworn in by Chairman Baugh. Ms. O’Shaughnessy explained that the existing house will be torn down and a new home will be built. The new home will fit in the footprint of the original home. Ms. O’Shaughnessy reviewed the requested variances.
Chairman Baugh questioned the white line and Ms. O’Shaughnessy indicated that the line represents the part of the driveway that will be removed and replaced.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 3, 4, 5, 6, and 7 by a 5 – 0 vote and agreed with the applicant on Items 1 and 2 by a 4 – 1 vote.
Rebecca Dubber made a motion to approve Case #158979 as submitted. The motion was seconded by Doug Blackburn. The motion passed 4 – 0 will all Board members voting in the affirmative. Chairman Baugh did not vote.
Case #158985 North Carlson Shores, LLC
Todd Bickley read the case facts. The applicant is proposing the expansion of a rack storage building situated on the north side of Barnum Road at 4327 E. Barnum Road. The applicant is requesting an area variance to reduce the side yard setback (Barnum Road side) from forty feet (40’) to twenty feet (20’). The property is zoned “C-4” Recreational Commercial District.
No Board member had a conflict.
Steve May and Jack Madison were sworn in by Chairman Baugh. Mr. May noted that he is Treasurer for North Carlson Shores and he indicated that they have a substantial waiting list for dry/rack storage. The intent is to expand the existing building to the east with the existing doors facing the water. The facility was built in 1962 and the expansion would match the existing building.
Mr. Caldwell questioned if part of the building would be removed. Mr. May indicated that a portion of the existing building will be removed which would allow proper access, and a portion of the dirt will need to be removed to allow the expansion, The dimensions of the expansion were reviewed.
Mr. Heidlebaugh questioned if the building would be boat-a-minium. Mr. May indicated that it will not be a condominium and noted that the building will be used for rack storage. The building will be sprinkled.
John Imke was sworn in by Chairman Baugh. Mr. Imke questioned the access road. Mr. May commented that a new drive will be installed.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 3, 4, 5,6, and 7 by a 5 – 0 vote; disagreed with the applicant on Item 1 by a 3 – 2 vote; and disagreed with the applicant by a 5 – 0 vote on Item 2.
Rebecca Dubber made a motion to approve Case #158985 as submitted. The motion was seconded by Bill Baker. Motion passed 4 – 0 with all Board members voting in the affirmative. Chairman Baugh did not vote
Case #158989 Darrin & Wendy Raymer
Todd Bickley read the case facts. The applicants are proposing to install an accessory building and are requesting an area variance to allow the accessory building to be placed in the front yard, thirty feet (30’) from the front property line. The location is 5533 E. South Fairway Drive, also known as Lot 11 of Fairway Subdivision. The property is zoned “R-1” Residential District.
No Board member had a conflict.
Darrin Raymer was sworn in by Chairman Baugh. Mr. Raymer indicated that he is located on Fairway Drive and the lot abouts the center of the subdivision, which is a common area. According to the restrictions, Fairway Drive is considered the backyard and the front yard faces the common area. The shed is proposed to be situated in the side yard. Mr. Raymer noted that he met with the association and the neighbor to the north and they suggested the shed be moved closed to the house. Mr. Raymer provided a revised site plan for the Board’s review. Mr. Bickley noted that the shed is still considered in front of the house and a variance is required. It was determined that the shed would be approximately 100 feet off of Fairway Drive.
Chairman Baugh closed discussion from the floor.
The Board reviewed the Finding of Fact. The Board agreed with the applicant on Items 1, 2, 3, 4, 5, and 7 by a 5 – 0 vote and disagreed with the applicant on Item 6 by a 5 – 0 vote.
Doug Blackburn made a motion to approve Case #158989 with the condition that the shed will be located between 80-120 feet off of Fairway Drive. The motion was seconded by Brain Caldwell. Motion passed 4 – 0 with all Board members voting in the affirmative. Chairman Baugh did not vote.
Old Business
Case #158959 Catawba Moorings, Inc.
With no new information, the case remained tabled.
Other Business
No other business to conduct.
Approval of Minutes – September 11, 2024
The minutes for the September 11, 2024 meeting was mailed to each member. Doug Blackburn moved to approve the September 11, 2024 meeting minutes. The motion was seconded by Rebecca Dubber. Motion passed. Brian Caldwell and Bill Baker abstained.
Adjournment
Doug Blackburn moved to adjourn the meeting. The motion was seconded by Rebecca Dubber. Motion passed and the meeting was adjourned at 8:16 p.m.
Respectfully submitted,
_____________________________ _________________________________
Bryan Baugh, Chairman Todd Bickley, Secretary